61-6-19Work deemed unsuitable due to labor dispute, unfavorable working conditions, or requirement as to union membership.

Notwithstanding any other provisions of this title, no work is deemed suitable and no benefits may be denied under this title to any otherwise eligible individual for refusing to accept new work under any of the following conditions:

(1)    If the position offered is vacant due directly to a strike, lockout, or other labor dispute;

(2)    If the wages, hours, or other conditions of the work offered are substantially less favorable to the individual than those prevailing for similar work in the locality;

(3)    If, as a condition of being employed, the individual would be required to join or to resign from or refrain from joining any labor organization.

Source: SL 1936 (SS), ch 3, § 5; SDC 1939, § 17.0830 (3) (b); SL 1939, ch 89; SL 1943, ch 84; SL 1955, ch 62; SL 2008, ch 277, § 126; SDCL § 61-6-17; SL 2012, ch 252, § 59.